If you are convicted of one or both of the charges you will be deemed guilty of a class one misdemeanor. First time offenders must complete an alcohol abuse screening. The court may order you to obtain counseling, education, or treatment if the court of the screening facility deems it necessary.

If you have the financial resources to pay all or part of the screening, counseling, education, or treatment, then the court will order you to do so. All programs must be approved by the Department of Health Services.

The statute requires the court to sentence a first time offender to serve not less than ten consecutive days in jail. However, the court may suspend all but twenty-four consecutive hours of the sentence if you complete an alcohol abuse screening, and any proscribed treatment. Since the statute stipulates consecutive hours the court cannot give credit for any time served on the day of the arrest. The statute also requires a fine of not less than $450.00 plus a $500.00 surcharge for the prison construction fund.

The court may also add on some additional processing fee and/or incarceration fees if deemed appropriate. The court may also order you to perform up to forty hours of community service and attend a class sponsored by Mothers Against Drunk Driving, known as the Victim Impact Panel. Offenders are usually places on a minimum of twelve months probation as well. Lastly, if any property damage was sustained as a result of your actions, the Court can order that you pay restitution to the alleged victims.